Question to the Department for Education:

To ask the Secretary of State for Education, what steps he is taking to ensure that children with complex needs are able to obtain a place in a school appropriate for their needs.

Children with complex special educational needs and disabilities (SEND) usually have an Education, Health and Care (EHC) plan. The SEND Code of Practice sets out the rights of parents and young people to request the school of their choice when a final EHC plan is issued.

Local authorities must name that school in the EHC plan unless it would not be suitable for the pupil’s age, ability, aptitude or SEND, or unless the attendance of the pupil there would be incompatible with the efficient education of others or the efficient use of resources. A school named in an EHC plan has a statutory duty to admit the child or young person.

Local authorities have a statutory duty to keep local provision for children and young people with SEND and their families under review to ensure that it continues to meet local needs. This would include the provision of sufficient school places that can support pupils with SEND.

The department has allocated £365 million of capital funding (over and above basic need funding) to help build new places at mainstream and special schools and to improve existing places to benefit current and future pupils. Local authorities must consult with local stakeholders to decide how best to spend their allocation.